Frontier Communications has found a new way to make a little extra from customers who disconnect their Internet service.

According to a document obtained exclusively by Stop the Cap!, Frontier will charge a $9.99 “Broadband Processing Fee” for new customers shutting off their Internet service starting Nov. 1. Customers that order Internet service from Frontier after Oct. 1 are supposed to be notified about the new fee during a review of their order. Existing customers are not affected.

This fee is above and beyond any early termination fees contract customers may face for ending service before the end of a service contract.

According to Frontier, broadband services subject to the new fee include:

• DSL
• “Simply Broadband” (broadband-only service)
• FiOS Data
• Frontier Satellite Broadband
• Frontier Tandem (VoIP)
• Wi-Fi (Commercial accounts only — basic, sponsored hot spots, etc.)

Dear Chairman Genachowski, Attorney General Holder and Commissioner Sandoval:

We write to urge you to reject AT&T Inc.’s proposed purchase of T-Mobile because it will without question lead to higher prices for consumers.

This is not conjecture; it is the lesson of history. Seven years ago, AT&T Inc.’s wholly owned subsidiary, AT&T Mobility LLC (then known as Cingular Wireless Corporation) requested permission to buy AT&T’s wireless network (then known as AT&T Wireless Services, Inc.) for $41 billion. At that time, AT&T and Cingular had the first and second largest share, respectively, of wireless communications providers in the U.S.

In order to get the merger approved, AT&T and an army of executives, lobbyists and allies assured regulators and consumers that the deal was in the public interest by making promises — the very same promises that we’re hearing from AT&T today:

What happened after the AT&T – Cingular merger? Once the Federal Communications Commission approved the deal (after negligible scrutiny), the newly merged company – which later renamed itself AT&T Mobility LLC– betrayed its promises. It abandoned the old AT&T network, deliberately degrading the network so that AT&T customers would be forced to migrate to Cingular’s own network, pay an upgrade fee of $18, buy new phones and agree to new and more expensive rate plans. These anti-consumer moves were enforced by an anti-competitive “early termination fee” of anywhere between $175 and $400, which prevented customers of AT&T from moving to another carrier.

In short, AT&T policyholders were railroaded into spending hundreds of dollars more in order to maintain their cellular service – a colossal rip-off by the same corporate executives who are now asking for permission to do it all over again.

Nothing in the terms of the proposed merger bars AT&T from engaging in a repeat performance against helpless T-Mobile customers if this deal is approved. Indeed, even as the companies mount a massive public relations campaign to win your approval, T-Mobile executives are already implicitly acknowledging that once the merger is approved, AT&T will make changes in the T-Mobile network:

T-Mobile has no plans to alter our 3G / 4G network in any way that would make your device obsolete. The deal is expected to close in approximately 12 months. After that, decisions about the network will be AT&T’s to make. That said, the president and CEO of AT&T Mobility was quoted in the Associated Press saying “there’s nothing for [customers] to worry about… [network changes affecting devices] will be done over time… ”

Moreover, AT&T has publicly admitted that if the merger goes through, T-Mobile subscribers with 3G phones will have to replace their phones to keep their wireless broadband service. AT&T plans to “rearrange how T-Mobile’s cell towers work” so that T-Mobile’s airwaves can be used for 4G service rather than 3G. Even though AT&T will be altering T-Mobile’s 3G cell towers to operate 4G services, Ralph de la Vega, president and CEO of AT&T Mobility and Consumer Markets, said that after the merger, T-Mobile 3G phones will need to be replaced with AT&T 3G phones, which “will happen as part of the normal phone upgrade process.” Once AT&T forces the T-Mobile subscribers with 3G phones to buy AT&T 3G phones, it is only a matter of time before AT&T pushes all of its subscribers over to the 4G network.

T-Mobile customers who are forced to migrate to AT&T’s network will have to buy new phones, agree to more expensive rate plans, or cancel their contracts and pay a termination fee.

Once known for its low prices, T-Mobile has already begun increasing its rates and decreasing options in anticipation of the merger. On July 20, 2011, T-Mobile discontinued its unlimited data plans, replacing them with plans that cap the amount of data a customer can use; once the customer hits the data cap, T-Mobile will substantially slow down their network speed. Nine days later, AT&T, which stopped offering new unlimited data plans last year, announced it would similarly start throttling data speeds even for customers on “grandfathered” unlimited data plans. AT&T is attributing its slow-down to the “serious wireless spectrum crunch.” In another implicit promise sure to be broken, AT&T has told its customers and regulators that “[n]othing short of completing the T-Mobile merger will provide additional spectrum capacity to address these near term challenges.”

Finally, T-Mobile was recently named one of the world’s most ethical companies for 2011. It was the only U.S. wireless telecommunication service provider that made the list. By contrast, complaints about AT&T’s service and prices are legion. Indeed, the views of millions of AT&T customers have been summarized by an online campaign known as “#attfail.” This merger will eliminate a U.S. wireless company that at least seemed to care about its customers.

To this day, the AT&T customers who were misled and overcharged by AT&T’s actions after the 2004 merger are still fighting in the courts for refunds and other remediation arising from the merger. In 2006, lawyers for Consumer Watchdog, joined by a group of private law firms, filed a national class action lawsuit against AT&T on behalf of the millions of customers who were victimized by the merger: Coneff v. AT&T Corp., et al., No. C06-0944 (W.D. Wash). In response, AT&T’s lawyers claimed that when AT&T customers were forcibly moved to the new network, they simultaneously agreed to waive their right to seek refunds from AT&T in court because of a provision buried in the fine-print of AT&T’s contract that required arbitration of all disputes and barred customers from joining together in an arbitration. Throughout the litigation, AT&T changed its arbitration clause several times, each time modifying various terms while retaining the arbitration clause that prohibited customers from bringing or participating in a class action, regardless of whether it is brought in arbitration or in court.

In 2009, the U.S. District Court in Seattle, Washington, held that AT&T’s arbitration clause was unconscionable because most AT&T customers would never obtain redress without the ability to bring a class action. The case is presently before the 9th Circuit. In its briefing, AT&T now contends that the U.S. Supreme Court’s recent decision in AT&T Mobility v. Concepcion 563 U.S. __ (2011) should be interpreted by the courts to apply to the egregiously unfair and one-sided mandatory arbitration clauses like the one struck down in Coneff in 2009, which, in our case and unlike in Concepcion, has been shown to preclude customers’ basic due process rights.

Albert Einstein defined insanity as doing the same thing over and over again and expecting different results. Considering AT&T’s track record, it is irrational to expect that the AT&T and T-Mobile merger will yield different results. If the merger is approved, millions of T-Mobile customers will be subjected to the same costly and unfair practices that AT&T customers experienced after the 2004 Cingular merger. Moreover, permitting AT&T to swallow a competitor will leave the American cellular marketplace controlled by a duopoly that, through the artifice of termination fees and arbitration agreements, will effectively eliminate competition between them.

This is a bread and butter test of the federal government’s commitment to American consumers versus the Wall Street and corporate interests that too often seem to be the winners every time the federal government takes action.  The Administration should ignore the lofty pronouncements of the corporate-funded academics and allies who provide cover for the glib promises of two cellular giants, along with the Wall Street firms that will reap millions in fees for providing the merger paperwork, in favor of the average American family, who, after all they have been forced to sacrifice these last few years, should not be required to pay more of their dollars for the ability to use a cell phone.

Harvey Rosenfeld

Laura Antonini

You can find documented footnotes accompanying this letter here.

[flv width=”640″ height=”380″]http://www.phillipdampier.com/video/ATT T-Mobile Merger Ad.flv[/flv]

AT&T is blanketing the airwaves with claims of improved service in its advertising promoting the merger with T-Mobile.  (1 minute)

The Rural Mobile and Broadband Alliance (RuMBA) USA released a whitepaper this week concluding that satellite-delivered broadband is more promise than results.

“When measured against the prevailing definition of broadband, satellite technology falls far short of conventional wired and wireless alternatives, mainly due to latency, bandwidth, price, performance and service shortcomings,” the Alliance wrote in a statement.

In other words, everything.

“Given the limitations of satellite Internet service detailed in this report, RuMBA cannot consider satellite a viable solution for rural communities who are increasingly cut off from mainstream America by the lack of access to affordable broadband service,” says Luisa Handem, founder and Managing Director of RuMBA USA.

“There is every indication that America’s reliance on broadband is only going to increase, especially in the areas of business, education, healthcare, government and entertainment, so it is vital that America’s rural communities have all the facts before deciding on broadband access, and delivering those facts is what this paper is about,” says Sascha Meinrath, Director of Open Technology Initiative, New America Foundation.

Among the Key Findings:

• The latency inherent in satellite Internet connections limits their use for standard broadband functions such as Voice over IP (VoIP) and Virtual Private Networks (VPNs).

• The capacity limits of satellite Internet service rule out broadband functionality taken for granted by Americans living in communities served by cable, fiber optic, and DSL services. These functions include automatic software updates, online backup, streaming video, telecommuting, and website hosting.

• Notwithstanding those limitations satellite Internet service is less affordable than wired Internet service.

While Stephen Cobb, author of a whitepaper on the subject, considers satellite Internet access an amazing technology, it has proved to be a poor substitute for ground-based, wired alternatives, including DSL.

More than 20 million rural Americans live without any access to the Internet, despite the country’s growing reliance on broadband service.  Those that do subscribe to satellite service generally report a dismal experience, in part because of a punitive usage limit that dramatically lowers already-slow speeds when exceeded.  Weather disturbances and heavy snow can also disrupt satellite signals, and contract terms often carry hefty termination fees if one cancels before the end of the contract.

The date has arrived.  Existing Verizon Wireless customers are now invited to “pre-order” The Precious.

Strangely, Verizon’s website gave more prominence to the phone before they could actually accept orders for it:

Verizon Website 2/2/2011

Verizon Website 2/3/2011

Verizon wants you to think of its Apple iPhone as a fine wine, offering “exclusive” access to “our reserved quantity, while they last.”

When they’re gone, they’re… will be more on the way.  The Keebler Elves at Apple will certainly make more, plenty more, to sustain pent up demand for the phone on Verizon’s network.

AT&T is doing all it can to keep customers from switching.  In addition to earlier efforts to lock customers into those two-year contracts with early termination fees, lots of AT&T customers are also getting e-mail from the company reminding them AT&T is the only network that lets you talk and surf the web at the same time (with your iPhone).  They ignore T-Mobile, which also accepts unlocked iPhones and works the same way.  AT&T and T-Mobile utilize GSM technology while Verizon (and Sprint… and Cricket… and MetroPCS) use CDMA.  The latter technology, at least in its current implementation, allows users do one or the other, not both.

That probably won’t keep too many disenchanted AT&T customers from leaving, but some other factors might:

1. Apple will release the iPhone 5 in less than six months, if things run according to schedule.  The new phone might work on Verizon’s new LTE network, something iPhone 4 does not.  Is there a hurry to upgrade now when something better is around the corner?
2. AT&T Retention Agents are giving away the store to customers warning of their intention to depart.  Restoration of unlimited data plans, free upgraded phones to qualified customers, free accessories, and even credit for a month of service have all been offered, even as the company publicly announces it is pulling back from some of those giveaways and specials.
3. As potentially millions of AT&T customers leave, those remaining may find improved performance from the lighter load on AT&T’s network.  Plus, the impact of the iPhone on Verizon’s 3G network remains unknown.  AT&T customers could parade themselves into new headaches on Verizon’s network.

Verizon will allow new iPhone customers access to its “unlimited data” add-on plan “for a limited time.”  Verizon plans to join AT&T in officially ending the unlimited option sometime this year, but exact pricing and plan details remain unavailable.

Customers can begin booking their departure from AT&T Feb. 9, when Verizon begins taking orders from new customers and those intending to drop their current carrier.

The Associated Press reports, and Stop the Cap! can confirm AT&T is allowing some of their long-standing customers to switch back to unlimited data plans, even if they gave them up after the company introduced cheaper, limited data plan options.

After our regular reader “PreventCAPS” sent word AT&T was relenting on some requests for unlimited data plans, we spent some time late this afternoon with Jim Scott, an AT&T customer from New Rochelle, N.Y. as he navigated his way through AT&T customer service trying to get back to an unlimited data plan.

“When AT&T offered customers new, cheaper data plans, I never knew those replaced the unlimited option and I thought I could save some money downgrading to a cheaper data option,” Scott told us.

But Scott discovered the plan allowances he got didn’t save him money at all, because he exceeded them.

“I am a contractor and I spend all day on my phone moving large image files and even video of work being done on the properties I manage,” Scott says.  “Two gigabytes didn’t cut it.”

Scott tried to switch back to his unlimited plan this summer, but was told he could not, as it was no longer offered.

Enter Verizon Wireless, which is keeping its unlimited service plan at least temporarily as it introduces the Verizon iPhone.  Verizon’s imminent iPhone has become leverage for customers who want to turn the tables on AT&T.

“Thanks to AT&T’s greed, I had already made the decision to dump them for Verizon when my contract ends in February,” Scott says. “AT&T works fine in this part of New York, and the only reason I am leaving is because they don’t have a wireless data plan that met my needs.”

We worked with Scott and suggested he threaten to cancel his AT&T service and walk his future business to Verizon Wireless.  We asked him to make sure to tell AT&T the reason he was planning to cancel his service was because of the end of unlimited data option.

On a three-way call with AT&T customer service, AT&T promptly offered to restore Scott’s access to its discontinued unlimited data plan.

“All I had to say was ‘Verizon’ and ‘iPhone’ and the customer service representative immediately starting clacking away on her keyboard, and I had my unlimited data plan restored in less than five minutes,” Scott said.

The AP reports the key to success is having been a previous subscriber to AT&T’s unlimited data option.  New customers who signed up after June 2010 never had that option, and AT&T has refused to offer unlimited data to these customers.

Because newer customers are under relatively new contracts, actually following through on a threat to drop AT&T is an expensive proposition with early termination fees still well into the hundreds of dollars.  For those closer to a penalty-free exit, AT&T recognizes many of these customers already have one foot out the door.

Jose Argumedo, of Brentwood, N.Y., told the AP he and a friend were switched to an unlimited plan recently after they called AT&T’s customer service. Both have iPhone 4s, and previously had earlier iPhone models.

AT&T spokesman Mark Siegel wouldn’t confirm the option to return to an unlimited plan.

“We handle customers and their situations individually, and we’re not going to discuss specifics,” he said.

Scott says he is comfortable with his iPhone, but getting back an unlimited data plan was more important than the handset.

“If I can use the iPhone as leverage against these guys, why not?” Scott says.  “They’ve had me under their thumb for more than six months now with overlimit fees — now the table is turned.”

Stop the Cap! advises customers who want to follow in Scott’s footsteps get organized before calling:

1. Be sure to note the number of years you have been an AT&T customer;
2. Explain you used to have unlimited data and now want that plan back;
3. Tell them you are prepared to drop AT&T, even at the risk of a cancellation fee, if they don’t restore your access to the unlimited data plan.

If a representative is unable to make the switch, or doesn’t have information about how to switch you back, ask for a supervisor or hang up and call back.